Directions Minute: 11/ON/30/2023
IN THE MATTER
of the Sale and Supply of Alcohol Act 2012(the Act)
AND
IN THE MATTER
of an application by THE ESTUARY LIMITED
pursuant to s. 127 of the Act for the renewal of an on-licence in respect of premises
situated at;
628 Port Road, Whangamata. Known as; Summer Bar.
BEFORE THE THAMES-COROMANDEL DISTRICT LICENSING COMMITTEE
Quorum: Gavin Campbell, Chairperson
DIRECTION OF THE COMMITTEE
Introduction
[1] The Estuary Limited (the Applicant), has made an application to the Thames-Coromandel District Licensing Committee (the Committee) pursuant to s. 127 of the Sale and Supply of Alcohol Act 2012 (the Act), for the renewal of on-licence number; 11/ON/36/2022. The application relates to premises situated at; 628 Port Road, Whangamata. Known as; Summer Bar. The general nature of the business is that of a; tavern.
[2] Reports on the application have been received from a Medical Officer of Health and the New Zealand Police. An Alcohol Licensing Inspector (the Inspector) is yet to finalise a report.
[3] (i) The Medical Officer of Health does not oppose the renewal of the on-licence.
(ii) The New Zealand Police oppose the renewal of the on-licence.
[4] The Applicant seeks no changes to the conditions of the on-licence.
[5] The application was publicly notified on the Thames-Coromandel District Council website from the 13th of October 2023. That, was a second advisory to correct an error in the first notification, which incorrectly described the premises as a restaurant. The notification has drawn three (3) objections from the public pursuant to s. 128 of the Act.
The Objectors are currently listed as;
Tammy Goodman
Helena Vaughan, and
Renee Meiklejohn
[6] All of the Objectors make their objections as individuals pursuant to s. 128(1) of the Act. However, it is noted that Ms Goodman describes herself as ‘the operator of nearby licensed premises.’ As such, Ms Goodman’s objection may be subject to challenge pursuant to s. 128(1)(A) of the Act which says; (1A) However,— (a) a trade competitor may object to an application only if the trade competitor is directly affected by the application in a way that does not relate to— (i) trade competition; or (ii) the effects of trade competition; and (b) a person may not object to an application if the person receives, or is likely to receive, direct or indirect help from a trade competitor to object to the application.
[7] At first glance, both Mesdames Vaughan and Meiklejohn hold manager positions in nearby licensed premises and may also face scrutiny pursuant to s 128(1)(A)(b) of the Act. Any such challenge arising, will be determined by the Committee at the Hearing.
[8] The Committee notes, that all of the objections challenge the application on the initial description notified, that being a restaurant. As the notification was corrected in accordance with s. 127(2)(b) and (d) and correctly described as a tavern, then the Committee will discount that, should the objectors be granted status.
The Direction
[9] The Committee directs that the matter be heard by way of public hearing. The Hearing is scheduled for Monday the 4 th of December 2023. The time of the Hearing is still to be confirmed. The location of the hearing will be the; Whangamata Club Incorporated, located at; 404 Port Road, Whangamata. A further memorandum will advise the time of the hearing in due course.
[10] The Committee is yet to receive the report from the Inspector. The Police are opposed to the application. In the interests of expediency I make the following order.
The Order
[11] The New Zealand Police and the Inspector (only should they submit a report in opposition) are required to submit their evidence including that of any witness they intend to call to give evidence, to the Committee’s Secretariat by the close of business; Friday the 24th of November 2023. The Committee instructs it Secretariat to distribute that evidence to all parties at the earliest opportunity upon receipt.
Timetabling
[12] The Applicant will be required to present its evidence, if any, over and above the application, and that will be at the outset of the Hearing. The evidence of the Police and Inspector if any, will follow. The Objectors will then be heard in an order to be determined so as to ensure that they are not unduly inconvenienced, by the necessity of being required to present their evidence at the hearing. The Committee advises the Objectors that;
If Objectors do not appear before the Committee, and no explanation is received for their absence, then it is likely that their objection will have no value. Similarly, where it appears that an Objector is unable to satisfy the Committee that their objection is within the permitted scope of the matters contained within the Act that we are obliged to consider, then little, if any weight can be given to the objection.
[13] The Committee instructs its Secretariat to provide copies of this direction to all parties to the matter. Such notifications may be by electronic means to addresses supplied.
Dated at Thames, this 13th day of November 2023.
Gavin Campbell
Licensing Commissioner
Chairperson
Thames-Coromandel District Licensing Committee